Ex-Siquijor governor Fua barred for life from holding public office

The Sandiganbayan has found former Siquijor governor Orlando Fua Jr. guilty of obstruction of justice after it was proven that he interfered and caused the delay of the arrest of a barangay chairman caught selling shabu.

In a 27-page decision promulgated on Friday, the Seventh Division punished Fua with perpetual disqualification from holding public office and ordered him to pay a fine of P6,000.

"Wherefore, premises considered, the court finds accused Orlando Anos Fua Jr. guilty beyond reasonable doubt of the crime of obstruction of justice in violation of Section 1(e) of Presidential Decree No. 1829. He is hereby sentenced to pay a fine of P6,000 and in case of insolvency, shall be required to undergo subsidiary imprisonment," the dispositive portion read.

Fua was accused of using his position to “impede, frustrate and delay” police from serving James Largo with an arrest warrant at 2 a.m. on November 24, 2010. Largo was barangay captain of Tigbawan in Lazi town at the time.

The charge is based on a complaint filed by Police Inspector Reynaldo Valmoria who led the arresting team. The Office of the Ombudsman said the complaint was bolstered by the testimonies of Police Officer 3 Samuel Ocao, Police Officer 2 Marve Balay-og, Police Officer 2 Jeralf Paghacian, and Police Officer 1 Dynichee Tupac.

Prosecutors dismissed Fua's explanation that he went to help Largo because he lives nearby and saw that police were conducting the search improperly. He also questioned the validity of the warrant against Largo, who is also his childhood friend.

The Sandiganbayan said the presence of Fua, which already raises questions on his motive, could have easily influenced a normal police operation against drug suspects where the province itself has no immediate concern.

"There was no province-wide calamity or disaster or a significant military or police operation involving illegal drugs carried out by police authorities and the service of a search warrant to a person on their drugs watch-list," the Sandiganbayan said.

"Notwithstanding, accused's presence at the scene of operations and his incessant probing on the validity of the operation strengthens the prosecution's claim that he willfully interefered or obstructed the service of the search warrant to his childhood friend," it added.

The Sandiganbayan said Fua, who is also a lawyer, could have simply given Largo legal advice or an assistant so that he can file a motion to quash the search warrant.

The anti-graft court added that it saw no improper motives on the part of the complaining policemen, saying Fua does not have the right to interfere in their operation even if there was any irregularity.

"As a public officer, he must, at all times, uphold the public interest over his personal interest," it said.

Associate Justice Zaldy Trespeses penned the decision, with the concurrence of division chairperson Associate Justice Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Bayani Jacinto. —KG, GMA News